Cca Requests Updates Please

fermi

Slipperyslope wrote: »

Will post letter later today, although admit am still concered, especially with regard to the part of the letter which refers to applying for declaration of rights.

Leave that out then. Not something that is essential to get involved in.

With regard to Statute Barred debts:

From a previous thread:

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

If you feel that the debt is also statute barred then you could either write to them advising them of this instead, or incorporate the wording of the letters in the above links into your response to the CCA issues.

Have a read of the factsheet linked to above that is relevant to you, digest what it says, and then you can work out the best approach.

Slipperyslope_2

fermi wrote: »

Leave that out then. Not something that is essential to get involved in.

With regard to Statute Barred debts:

From a previous thread:



If you feel that the debt is also statute barred then you could either write to them advising them of this instead, or incorporate the wording of the letters in the above links into your response to the CCA issues.

Have a read of the factsheet linked to above that is relevant to you, digest what it says, and then you can work out the best approach.

Well, I could technically work the statute barred issue into the letter, I am concerned that I am not aware of when the last payment was made against said account.

Slipperyslope_2

Well, sent the letter - have chosen not to add anything about the age of the debt as unsure of when last payment was. However, I did add this section from another template letter here:
In addition, in my letter of the 15th September 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. Additionally a full statement of my account should have been sent to me detailing all debits and credits to the account from the time HFO purchased this account, along with any other documents mentioned in the credit agreement

Really hope this works!!

Bazza66

Slipperyslope wrote: »

Well, sent the letter - have chosen not to add anything about the age of the debt as unsure of when last payment was. However, I did add this section from another template letter here:
In addition, in my letter of the 15th September 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. Additionally a full statement of my account should have been sent to me detailing all debits and credits to the account from the time HFO purchased this account, along with any other documents mentioned in the credit agreement

Really hope this works!!

Good addition.

Good luck!

stapeley

They only need to send a copy of the notce of Assignment not the Deed.

Slipperyslope_2

stapeley wrote: »

They only need to send a copy of the notce of Assignment not the Deed.

Ah well - too late now - letter sent recorded delivery

louisa79

Hi All,

I thought I'd give an update on how my CCA requests went.

I sent the first letters to the three DCAs who had my debts in August. Two acknowledged receipt of the letter within days and said they were looking for the paperwork. I sent the follow up letter and received acknowledgements for these from the same two DCAs. I continue to receive a letter from one of the DCAs every month or so saying that they are still looking and my account is on hold. Both of these DCAs have stopped calling or demanding money.

One DCA did not acknowledge any letter. I know they were received as I sent everything by recorded delivery and checked online that they had been received. They also kept calling (my mobile - I didn't answer). It went quiet a few weeks ago but on Friday I had a call from another DCA who the previous DCA had sold the debt to!!! The new DCA will get exactly the same letter I sent to the previous one and I will take immense pleasure in telling them where to stick the debt.

If you are thinking of requesting a CCA from a DCA, my advice would be to do so immediately. Don't let these horrible parasitic companies take another penny from you unless THEY CAN PROVE THEY CAN. The OC sold your debt to these companies for PENNIES, they make money by bullying and harrassing - don't let them get away with it!!

Good luck!

cocker100

Hi all, need some advice as to my next move!

Sent a CCA request off to 1st credit DCA a while back. They eventually sent me back an edited version of it. Replied saying that I required UNEDITED version. To date have got nothing else back and the 12+2+30 days are up in one weeks time. I've stopped paying them and have now received a letter saying that cos I have not paid they are starting legal proceedings.
Anyway, the edited thing that they have sent me is the original application form with banking details and ppi option box omitted. It all looks really basic and hardly contains any terms and conditions. However, there is no signature for the creditor anyway on it, only a date stamp and this is not in the box where they are meant to sign.
Does this look like it might be unenforceable in court? I want to reclaim ppi payments on this card as it would completely wipe out the defaulted balance.
Any advice greatly appreciated as always,

Cocker

debtman2007

Need some more advice on what to do next.

The CCA request has now passed the 12+2+30 stage. IS there another letter i need to send them?? not sure where i go from here.

Thanks

Janey51

In August I sent a CCA request for one of my debts (credit card) now with a DCA.
After several letters from the DCA telling me they were chasing up my request with the original lender, a bundle of papers arrived....
1.My statements back to 2002 (not requested by me)
2. A letter with none of my own personal details on it Just XXXX where my info would be) but with the message "Representation of a letter of assignment sent to you on **/**/2008"
3. Copy of Terms and conditions with a date on the bottom of April 2008 !

No CCA request enclosed.

The covering letter said that as they had complied with my request they would now recommence collection on the account.

Should I just ignore?